What if an Investigation Shows My Employer Violated OSHA Regulations?
If an investigation of your workplace injuries reveals that your employer violated regulations put in place by the Occupational Safety and Health Administration, then your employer can be sanctioned by OSHA and forced to pay a fine to the federal government. Such a revelation can also benefit your claim to recovery whether it is sought through workers’ compensation or a personal injury lawsuit.
How Can an Attorney Determine if a Workplace Safety Violation Occurred?
Federal and state regulations like those enforced by OSHA help ensure employers are taking appropriate measures to protect their employees and contracted workers from on the job accidents. Unfortunately, some employers forego these regulations and put profit and reduced cost above worker safety.
Thomas J. Henry has represented injured workers for more than 30 years and is familiar with the short cuts some employers take to drive down costs. He is also familiar with the tactics a less-than-honest employer will utilize to try to limit their liability, including destroying evidence, falsifying records, and altering the scene of the accident. When you hire Thomas J. Henry, our attorneys and dedicated staff will take immediate action to preserve evidence and the integrity of the site of the accident.
Thomas J. Henry has also built professional relationships with leading industry experts who can serve as expert witnesses in your case. These highly specialized individuals can help us better understand how your accident occurred and what violations your employer or contractor may have committed. They can also provide compelling testimony should your case go to trial.
Expert witnesses often utilized by Thomas J. Henry in workplace injury cases include:
- Workplace Safety Compliance Experts
- OSHA Consultants
- Hazardous Chemicals Experts
- Ladder Experts
- Process Safety Management Experts
- Occupational and Environmental Health Experts
- Safety Equipment Experts
- Industrial Engineers
- Industrial Accident Re-constructionist
What If I am Seeking Recovery Through Workers’ Compensation?
Even if you are pursuing recovery through workers’ compensation, it is important that you reach out to an experienced workplace injury attorney. This is because parties other than your employer may have contributed to your injury.
Texas law recognizes that workplace accidents are not always the result of a single entity’s actions. As such, you may take legal action against other parties even if you are receiving workers’ compensation. Other parties that may have contributed to your accident include manufacturers of potentially defective products or toxic substances, a co-worker who committed a negligent or reckless act, or a non-employee who contributed to your injuries.
Examples of such lawsuits include:
- A delivery truck driver suing a drunk driver who struck his company vehicle.
- A cable company installations employee suing an apartment complex after being electrocuted by poorly maintained wires.
- A truck driver suing the manufacturer of a defective tire following a blowout.
- A construction worker suing a property owner after being exposed to asbestos at a job site.
- A factory worker suing a co-worker who acted negligently while under the influence of a narcotic.
What Should I Do if I’ve Been Injured in a Workplace Accident?
If you have been injured in a workplace accident, there are a few things you can do to help secure workplace compensation as well as strengthen any claim to additional recoveries you may have.
- Seek medical attention. First and foremost, you should seek treatment for you injuries. Understanding the extent of you injuries is not only important to making a full recovery, but will also help you gauge how much that recovery is going to cost you. If you do not feel completely comfortable with the company doctor, go to your own physician for a second opinion.
- Report your injury. Workplace injuries need to be reported in a timely manner. Also, keep you supervisor or manager up-to-date on any subsequent developments. If your doctor has diagnosed an injury that was not immediately evident at the time of your initial report, let your supervisor know.
- Get a written repot of the accident. Your employer must take a report of the accident. You are entitled to a copy as well. Do not let your employer deny you a physical copy of your report for your own records.
- Identify witnesses. If someone witnessed your accident, get their information. You may need to refer back to their account of the incident later.
- Take photos. Take photos of the area, including any tools or equipment that may have played a role in the accident.
- Write an account. You will likely be asked to make statements about you claim multiple times. Having a detailed account that was written while the accident was still fresh in your mind can help keep your statements concise and accurate.
- Contact an attorney. Even if you plan on going through workers’ compensation, contacting an experienced attorney can help ensure you are receiving a fair amount. Thomas J. Henry offers free consultations to all injured victims. Our firm has offices in Corpus Christi, San Antonio, Dallas, Austin, and Houston serving clients across Texas and nationwide. Our attorneys are available 24/7 – seven days a week.
